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| The U.S. Supreme Court is set to hear a case that will provide important practical advice to workers asked to participate in an internal company investigation of alleged sexual harassment by a senior manager. The question: Should you cooperate and speak freely, or remain silent? The issue arises in a case examining whether civil rights laws protect employees from retaliation by senior managers accused of sexual harassment. |
| (Source: Christian Science Monitor, 2008-10-07) |
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| The $700 billion financial-rescue law attempts to curb executive pay by barring incentives for "unnecessary and excessive risks," among other steps. That will be easier said than done, say pay experts. |
| (Source: The Wall Street Journal, 2008-10-06) |
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| A former employee of Bill Heard Enterprises Inc., which filed for Chapter 11 in September, has sued the auto dealership claiming it violated federal labor laws by firing thousands of employees before seeking bankruptcy protection. The suit, filed in Alabama, argues Columbus, Ga.-based Bill Heard and its 23 affiliated companies are required by the federal Worker Adjustment and Retraining Notification (WARN) Act to give at least 60 days advance written notice of the job cuts and must continue paying certain wages, salary, and benefits during the notice period. |
| (Source: Atlanta Business Chronicle, 2008-10-07) |
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| The financial crisis is testing many managers' abilities to maintain productivity and morale. Managers' concerns range from motivating distracted workers and curbing lateness to allaying rumors, especially about possible job cuts. |
| (Source: The Wall Street Journal, 2008-10-06) |
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| There's plenty of evidence to suggest that drinking on the job, or at least while on the clock, hasn't disappeared entirely. But it has abated to the degree that many restaurants and bars are seeing fewer patrons knocking back martinis, or anything stronger than a Diet Coke for that matter, at lunch. |
| (Source: The (Lakeland, Fla.) Ledger (free reg. req'd), 2008-10-05) |
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| Federal officials have accused Mesaba Airlines of violating civil rights law by refusing to let workers swap shifts with other employees in order to observe religious holidays. In a lawsuit filed in U.S. District Court in Minneapolis, the U.S. Equal Employment Opportunity Commission accused Eagan-based Mesaba of requiring a Jewish customer service agent to work past sundown on a Friday evening, the beginning of the Jewish Sabbath. |
| (Source: Minneapolis Star Tribune (free reg. req'd), 2008-10-01) |
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| The Department of Justice has filed a lawsuit against the Washington Metropolitan Area Transit Authority in the U.S. District Court for D.C., alleging the transit authority discriminates against employees based on religion. The complaint alleges that WMATA didn't hire a woman because her religious practices prevented her from complying with a part of WMATA's uniform policy for bus drivers. |
| (Source: Washington Business Journal, 2008-10-01) |
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| The Equal Employment Opportunity Commission said Dudley Perkins Co., which has been selling Harley-Davidsons for 94 years, violated federal law against gender discrimination by assigning Bowen Dean to a desk job in San Francisco rather than letting her work as a mechanic and then firing her when she filed a complaint. |
| (Source: San Francisco Chronicle, 2008-10-01) |
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| A new survey conducted by the U.S. division of Toronto-based Sun Life Financial Inc. shows nearly half of the workers in the United States expect to be working at the traditional retirement age of 67, but most say it's not just because of money. The random telephone survey of 1,515 workers indicated that 48 percent of workers believe they will still be working either full- or part-time at age 67. The most-cited reason among them -- declared by 83 percent -- was to stay mentally engaged. |
| (Source: The (Del.) News Journal, 2008-10-05) |
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| Congress passed the Paul Wellstone and Pete Domenici Mental Health Parity & Addiction Equity Act of 2008, which requires health insurers that cover mental health care to treat psychological and addictive disorders just as they do other medical conditions. Put another way, insurers will no longer be able to limit the number of visits or charge higher deductibles and co-payments for mental health and substance abuse services. |
| (Source: Chicago Tribune (free reg. req'd.), 2008-10-03) |
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| Paul Sweeney |
Does your business ever face overtime cost overrun issues? Does your business require valued employees to work fluctuating hours each week? Do your employees need a predictable income to budget their expenses? If you answered, "Yes," to these questions, then a little known regulation to the Fair Labor Standards Act (FLSA) may assist you and your employees – it is called fixed salary for fluctuating hours. The FLSA permits employers such as you to pay non-exempt employees (those eligible for overtime pay) on a salary basis. However, there are a few catches. An Ice Miller labor and employment attorney can help assist you in navigating the complex nuances of the fluctuating workweek rules.
Read the entire article. |
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The Indiana Court of Appeals recently ruled that an amendment passed by the Indiana General Assembly in 2006 puts the onus on employees to prove that workplace injuries were caused by work conditions and not an existing medical condition.
The Indiana Court of Appeals made the unanimous decision that the intent of a 2006 amendment to the Indiana Worker's Compensation Act placed the burden of proof on the worker to establish all elements of the claim. Prior to the amendment, the Indiana Supreme Court had ruled that when it wasn’t apparent whether a worker was injured because of work or personal conditions, businesses had to prove that the injury was not caused by the work environment. |
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Just What is a PPI?
PPI, or permanent partial impairment, is a rating that an employee may be given at the end of treatment for a work injury. This rating measures the employee's loss of function resulting from the work injury. Typically, doctors will use the AMA Guides to the Evaluation of Impairment for purposes of assigning a rating. Once assigned, the impairment rating is translated into a monetary amount through the use of a statutory formula. For more information on the rating process, go to www.impairment.com.
Please contact Kathleen Shortridge or Ann Stewart if you have questions on this topic or any other worker's comp issue.
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